United States v. Antonio McNichols

U.S. Court of Appeals for the Eighth Circuit

United States v. Antonio McNichols

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1394 ___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Antonio McNichols, also known as Heavy Cuz

lllllllllllllllllllllDefendant - Appellant ____________

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________

Submitted: June 9, 2020 Filed: June 12, 2020 [Unpublished] ____________

Before LOKEN, GRUENDER, and BENTON, Circuit Judges. ____________

PER CURIAM.

Antonio McNichols appeals after the district court1 revoked his supervised release and sentenced him to term of imprisonment within the advisory sentencing

1 The Honorable James M. Moody, Jr., United States District Judge for the Eastern District of Arkansas. guideline range. His counsel has moved for leave to withdraw, and has filed a brief challenging the sentence as unreasonable.

After careful review of the record, we conclude that the district did not abuse its wide discretion in sentencing McNichols. See United States v. Miller, 557 F.3d 910, 915-18 (8th Cir. 2009) (standard of review). The record reflects that the district court properly considered factors set forth in 18 U.S.C. § 3553(a), see United States v. Gray, 533 F.3d 942, 943 (8th Cir. 2008); there is no indication that the district court overlooked a relevant factor, gave significant weight to an improper or irrelevant factor, or committed a clear error of judgment in weighing relevant factors, see United States v. Larison, 432 F.3d 921, 923 (8th Cir. 2006); and the sentence is below the statutory limit, see 18 U.S.C. § 3583(e)(3).

Accordingly, we grant counsel’s motion to withdraw, and affirm the judgment. ______________________________

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Reference

Status
Unpublished